Employer Based vs Spouse based

[Murali234]

Hi All,

Looking for some advice here.

My EB3 with employer is current right now. My employer is saying that I need to file my own 485 and can hire outside lawyer for that. They will provide any paperwork as needed. I am good with that. I already have a lawyer who is filing my green card through my citizen spouse. We are hoping to get that in Sept or October. Currently waiting for the interview and have received the EAD through that. 

So now I am wondering should we even file a 485 for my employer based or it will complicate it further? I know that they are two different process and can go in parallel.

What is the best course of action here?

Thanks.

 

[pontevecchio]

Run it by your lawyer. In general multiple AOS petitions on file result in long delays.

[JoeF]

You can only have one I485. The underlying immigrant petition can be either an I-130 or an I-140.

[Murali234]

I did check with the lawyer. He is saying we can file an 485 for 140 on the side. And he also said it wont cause delays. But its like I have to pay for everything and after I get GC through one the later will get denied. I am expecting family based GC in next few months. How long the EB based takes?

[pontevecchio]

You do not need to file for AOS based on employment as your family based process has been started. If you do not want a conditional GC, then consider filing AOS based on the job.

Stick to the family based process. Obviously one can only have one GC approved and other applications are automatically terminated.

Your lawyer seems to be on the lower end of the spectrum of ability.

[Murali234]

One more question. If we file the 485 AOS now, is it going to take 1 year? What is the current timeframe? And with the latest directive from trump, does everyone has to go through the interview (a must)?

[JoeF]

7 hours ago, Murali234 said:

I did check with the lawyer. He is saying we can file an 485 for 140 on the side. And he also said it wont cause delays. But its like I have to pay for everything and after I get GC through one the later will get denied. I am expecting family based GC in next few months. How long the EB based takes?

It will cause delays. It is a bad idea to have multiple I-485s.

[Murali234]

Is it absolutely risk free to go with family based then? I am so nervous.

[pontevecchio]

Either is fine. TRUMP  has nothing to do with it . Wait for the Family based GC to appear.